STATE OF H.P. Vs. PURAN CHAND

JUDGEMENT

(1.) RESPONDENT was tried and acquitted for the offences punishable under Sections 326, 324, 323, 341 and 506 of the Indian Penal Code, in Criminal Case No. 97/2 of 2000, decided on 27.11.2000. The State, by means of the present appeal, has assailed his acquittal.

(2.) IN short, the prosecution case can be stated thus. On 22.1.2000, around 11 P.M., complainant Shera (PW.1) was going to Mahipur, to the house of his sister to pay amount of Rs.6000/ - . around 2.00 P.M., when he reached near the house of Man Singh, he met him there alongwith Respondent and one another person, who was not known to him. They restrained him from going ahead through that path. The complainant told them that he was going to Dadahu, however, Man Singh and his accomplice gave beatings to him by fist and kicks. It was specifically alleged that Man Singh had caused injuries on his left hand and left leg with sharp edged weapon (Khukhree). The blood came out from the injury. With great difficulty he could get relieved from them and went to a house in village 'Maryo' and applied bandage of cloth. He also alleged loss of money which was allegedly with him. He came to the main road and took lift in a van upto 'Bangala Colony', where he reached round 8.00 P.M. and apprised about the incident to one Mathu Ram (PW.3). On the next morning, he informed telephonically his father and both of them went to the police and lodged FIR.

(3.) THE Respondent was accordingly charge -sheeted, to which he did not plead guilty and claimed to be tried.